Hi Rob I am going to fax the defence today but not sure on a couple of points if you could help me please. Has to be there by 4pm. Also wanted to ask what if I fax the defence and they fax the relevant documents as well. Do I just write to the court and withdraw my defence of their documents are all okay? a) Should I take paragraph 8 out? (see below) b)Should I take paragraph 6 out that says "The defendent disputes the sum claimed? c) Should I take paragraph 5 out completly that says about receiving the credit agreement and reconstructed default notice and statement of account and put iin that I haven't received those documents. As it does say it earlier in the defence that I havent received them. 8. The claim relates to a regulated credit agreement regulated by the Consumer Credit Act 1974, yet the claimant claims statutory interest which the claimant should surely know it is not entitled to by virtue of the County Courts (Interest on Judgment Debts) Order 1991 (No. 1184 (L. 12)) in particular section 2 (3) which expressly prohibits such an award.

Anyone help please. Sorry Plasma spelt wrong!

My son purchased a panasonic plasma tv 18mths ago. This cost him £1700 and the warranty was for a year. The tv has broken down with a problem that seems to be quite common in these plasma tv's. We are trying to find out what his rights are before approaching Comet. He has telephone panasonic today and basically they have said he has to pay for everything, repair, collection etc. He did say to contact Comet and quote the SOGA. Any advice you could offer before we ring them would be much appreciated.

Thank you

Thank you vusys1

Thank you

No question thank you.

Hi Robcag Can Fax it and date is 11th August.

Thanks for the reply. What I am wondering is can they issue a DN when the account is in dispute? I have issued the N1 claim for charges and interest and whereas part of the £105 they want now if for the monthly o/d charges they have also added two further charges. Would I just pay what they are asking and add the two charges to my claim if that is easier?

That includes interest and charges from 2006 to 2009. I made a succesful claim against them in 2006. Probably by the time the court case has been resolved the charges will pay the o/d off. What gets me is they keep adding charges because the o/d fee is being paid I suppose but I dont want to keep altering my claim. I wonder whether it would be best to pay the £105 to keep the a/c in the black?

I have an o/d of £1700 but the arrears on the account are for £105 which is the monthly o/d fee and charges added to it. The whole claim (not counting the last two charges) is for around £700.

I have issued the N1 claim form against Halifax. Today they have issued me with a DN. On the POC it doesnt mention removal of any default so I am wondering what is the best way to remove this default. I had sent Halifax the account in dispute but they wrote back saying they could still add charges (I do have an o/d with them) under the t&c. So not sure what to do next? Any help would be appreciated.

Can anyone help please.

Will do, thanks Rob.

Banbury?

Hi Rob The request for the cpr should have been here by the 1st August. Is there anything else I should send or just submit the embarrased defence? Appreciate your help. No the N1 wasnt Northampton.

Thanks for that anxious will print it off and have a read. The thread is "Tale of a Dodgy DN - Further Discussions". Will you let me know what you think of the info? Thanks again anxiouus.

Yes please anxious. Did you want the thread for the Default discussion?

I took them off because someone looked at them and said they looked okay. The thread about accepting termination is interesting. They are saying if they terminate the agreement then if the judge accepts this you would only be liable for the arrears up to that point. I have probably made it very simplistic but that is the way I read it. The thread that I found the information on is more of a discussion thread and I dont think they like you asking for advice. I have tried a couple of times but no luck. I am a bit worried if I defend it (although I havent a clue what to put) that if the judge chucks it out can I still offer them the £50 a month and can they go for costs. It is over £10000 so would be on a different track I think. Its all a bit up in the air. Do appreciate your help anxious. I notice you have just sent your defence in. Did you put the defence together?

Can anyone help please.

Thanks for replying anxious. I was begining to get worried. I put about 5 threads on yesterday but couldnt get a reply. With the defence due in by 11th August it is a bit tight. I dont think I will get far with the not having the agreement as a defence as I applied online and it was only last year so they will have that stiched up. It is only the pop that I can use in the defence which is a bit weak and I have also read threads that say it is not enough for a defence and the judge will chuck it out! That is why I found the DN & termination notice to be so interesting but again I cant get an answer from anyone on there. I offered mint £50 a month as a reduced payment but they wouldnt have any of it. Seems they like to get the ccj and if you miss a payment when they have that they can then go for the charge on your property. My other cards Sains, M&S have been great and accepted the 1% for a year which is a great help. Hope things are going ok for you anxious. I keeping popping in and looking at your thread.

Can anyone suggest what to do next please.

When they first sent me a letter regarding the DN I sent them the Account in Dispute letter they replied to this by saying "to summarise you consider Halifaax is attempting to collect an alleged debt which is in dipsute and has not yet been resolved. They go on to "explain" about the ongoing court case and because all of the charge complaints are on hold and until the court case has been resolved all charges are correct and the account does need to be maitained within the t&c. They therefore do not consider the a/c to be in dispute and I must pay the amount requested to avoid them taking further action which they did anyway a week later by issuing a DN. So I think if I write and ask if it is an error they will send a similar letter as they do not consider this an error.

Its for a bank account but I did the SAR and received all of the documents yesterday? I just wondered if anyone could advise me if they can issue me with a default when the account is in dispute and i have issued the N1? Is there a letter I can send or should I make it part of my claim that they remove and defaults? Although this was not mentioned in my poc? Any help would be appreciated/ .

I sent off the cpr 18 and posted it "signed for" I checked on the post office website and it says delivered from the local office the next day. I should have had a reply by the 1st August but nothing. I have to have the defence in by the 11th August but not sure what I should do next. Someone suggested the defence should be about pop. As I have also received a DN (which I think is okay) and then the TN. On another thread about DN's it says you can also make part of your defence about accepting the termination notice and that you just pay the arrears up to that date. Sorry if I have made it too simplistic but I think that is the gist of it? Does anyone know what I should do next any help would be much appreciated.